U.K. Lawsuits Target VW’s Diesel Software Update

Some 94,000 Volkswagen owners in the U.K. claim that software VW used to “fix” its diesel emission cheating problem in fact introduced a new type of cheating, the Financial Times reports.

VW admitted in 2015 to using illegal software that enabled 11 million of its diesels to evade emission tests. The software controlled nitrogen oxide emissions when it detected test conditions but allowed much higher NOx level under real-life driving conditions.

Lawsuits in the U.K. agree that the new software VW installed in 2016 does reduce NOx levels. But they say it does so only when ambient temperatures are within a range of 15°-33°C (59°-91°F). Plaintiffs’ lawyers cite government showing that 70% of all vehicle trips in England and Wales occur at temperatures below that range.

The complaints infer that VW’s software upgrade constitutes a new illegal defeat device, because it allows diesels to operate in high-emission mode during a significant portion of normal driving.

VW points out that European Union emission testing rules have allowed all modern diesels to dial back their emission controls under stressful conditions to avoid damaging the engine. The company notes that its software update was approved by KBA, Germany’s motor transport authority.

But plaintiffs’ lawyers, citing documents from two Austrian’s courts, say KBA was not aware of the “thermal window” limitations of the software, according to FT .